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Bengalita

K-1 Fiance Visa but need to file I-601 waiver, too

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So... how does this work?

US Citizen girl is talking to a guy in Mexico who was in the USA illegally before (only 1 EWI). He has 3 more years to go before his 10 years are up. But they want to get married asap.

She wants to apply for a K-1 Visa for him. So at what point does the I601 waiver need to be filed? Along with the I-129F paperwork?

Also, for the I601, the hardship letter... what does she need to prove? That it will be extremely hard for her to live in Mexico for the remaining 3 years? Or it will be extremely hard for her to live in the USA without her husband for the next 3 years? Or both?

Your input is greatly appreciated.

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hi

nope, not until the interview, he will be denied the visa and then they will let him know if he qualifies for a waiver.

the waiver as a fiancé isn't that easy

most of the waivers in the forum are for spouses

she could check out the forum for waivers

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Does he have a ten year bar? Was he deported in 2009?

More information would need to be provided for meaningful answers.


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15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
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78 (7/10/12) Interview
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268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
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Does he have a ten year bar? Was he deported in 2009?

More information would need to be provided for meaningful answers.

Sorry for being vague.

No deportation. He EWI'd in 1999 and left voluntarily in 2009.

He could lie and say he was never in the USA, but that's wrong, plus he obtained a driver's license in Alabama.

So at the interview, he needs to tell the truth, which will get him a 10 year bar (3 more years to comply with it), and then be eligible. Or... do the waiver.

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hi

nope, not until the interview, he will be denied the visa and then they will let him know if he qualifies for a waiver.

the waiver as a fiancé isn't that easy

most of the waivers in the forum are for spouses

she could check out the forum for waivers

Ok, seems like it could be a long process... by the time his I-129F is approved, and then interviewed in the Consulate office, denied, and then submitted for waiver, his 3 years will probably be up and there went $8000 to the attorney plus Immigration fees. Lord have mercy.

Thanks!

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Waiting out the rest of the bar would probably be the way to go.

Perhaps submit the I-129F with a year remaining on it, then they can engineer the interview taking place after the bar has expired.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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Why not get married in Mexico, petition him as spouse by submitting I-130 along with I-601? In this case you will only need to go through USCIS in one shot without transferring back and forth between DOS, CIS and DOS again.

It would still need to follow the USCIS -- DOS -- USCIS -- DOS route whether they got married in Mexico or not. USCIS would need to approve the I-130 petition; DOS would then do the visa interview and deny the visa. The waiver would then be sybmitted, which goes to USCIS and, if approved, returns to DOS for completing the visa process.

The only way it would be one-shot with USCIS is if he were in the US and applying for a I-601a waiver of the overstay. He isn't, so he can't.

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You cannot concurrently file an I-130 with an I-601 anymore, and haven't been able to for some time.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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So... how does this work?

US Citizen girl is talking to a guy in Mexico who was in the USA illegally before (only 1 EWI). He has 3 more years to go before his 10 years are up. But they want to get married asap.

She wants to apply for a K-1 Visa for him. So at what point does the I601 waiver need to be filed? Along with the I-129F paperwork?

Also, for the I601, the hardship letter... what does she need to prove? That it will be extremely hard for her to live in Mexico for the remaining 3 years? Or it will be extremely hard for her to live in the USA without her husband for the next 3 years? Or both?

Your input is greatly appreciated.

Just read your post ... I’m going thru the same process now my fiancé just left 2015 back to Mexico only 1 illegal entry but he voluntarily departure to Mexico due to family death. I applied for a fiancé visa i129f we were approved in 4 months, but in March of 2016 he was denied at the interview as he admitted to entering in the US, as we did not want to lie as he had driver license, tax records, but no crime but traffic tickets. Now he was given the blue sheet at the interview in Ciudad Juarez meaning he qualified for an i-601 waiver, lots of evidence can be gathered if one deeply can make it extreme. For example I’m not from Mexico, I have no connection to that country, even if I did I have a career and by the looks from his little village I’m not able to apply my skill or abilities, I also searched the poverty, the violence in that area. I have a great job here could not give that up, as it offers great health benefits and I’m fully invested in my retirement, my parents reside also here in the USA, all that on top of more like my parents health issues, age, I’m the older sibling whom I would need to be here to help and support my siblings. Medical issues for self even as a child if any the lack of medical in the country, so many things can be found but they need to be researched it took me almost 2 months for waiver, now we wait for a response we our hoping for the best because LOVE no matter how far its strong and if it was meant to be something deep down you can dig to even sisters or brothers health anything that can tie one to a better life in the USA will best help. My Priority date is May 23rd , on top of everything keep the connection of everything between the couple text no matter how dirty the text is keep it to proof to demonstrate a true relationship is for real

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Hi Bengalita,

Yes as was mentioned, your fiance would need to apply for the I-129f ($340), be approved, attend the interview in which case they would be denied and then it would be up to the Consular officer to determine if they qualify to file for the 601 and a probably a 212 waiver ($585 ea.). If you didn't want to wait until your fiancé's bar was up you could file the I-129f at anytime because the entire process including waivers can take up to 18 months.

Filing 601 a waivers isn't as simple as the petitioner (US Citizen) not wanting to live in Mexico for 3 years or not being able to live without her fiancé during that time because she would be sad or emotional. The situation generally has to be extreme such as the US Citizen has major medical issues and cannot leave the country or is primarily responsible for caring for a sick relative who would not be able to leave the US to be cared for by the US Citizen in a foreign country. These claims generally have to be supported by medical records and letters from doctors. Other extreme hardships could be financial based or employment based but they must prevent you from being able to move to another country. You could also make claim that the country that the beneficiary resides in is unsafe but again you would need strong evidence to prove these hardships.

If you are considering taking on this entire process at this time, I would highly recommend you speak with an immigration attorney who has extensive experience dealing with hardship waivers. Most reputable lawyers will consult for free and let you know if you have a case then you can decide if you will retain their services which can cost anywhere up to $7000.00 :( .

Good luck with your decision.

Russell


K-1 Fiance Visa Process

November 2013 - Met online: Match.com
December 6 - 8, 2013 - Met in person for the first time in Mexico.
February 2014 - Filed for K1/K2 Visa
April 2014 - K1 Visa Approved
April 2014 - January 2015 - Delay due to passport issue.
January - February 2015 Passport for daughter obtained and interview appointment scheduled and trip to Juarez booked
March 19, 2015 - Attended interview in Juarez. fiancée denied. Allowed to file for I-212 and 601 waivers
June 25, 2015 - 212 and 601 Waivers received at Phoenix lockbox and forwarded to Nebraska Service Center.
December 21, 2015 - Waivers Approved

December 28, 2015 - Instruction letter received. Request for passports and new medical.
February 1-3, 2016 - Trip to Juarez for new medical and submit passports to consulate.
February 5, 2016 - Medical documents and passports received at consulate.
February 10, 2016 - Visa status showing as "Ready".
February 16, 2016 - Visa status showing as "Issued"
February 17, 2016 - Waybill sent. Delivery to Tijuana, MX on February 19, 2016
February 22, 2016 - Entry into California through Otay Mesa POE without daughter who decided to stay in MX.
April 30, 2016 - Married!!!!

AOS, EAD, AP Process

June 1, 2016 - Mailed adjustment of status packet.
June 3, 2016 - Packet delivered to Chicago Lockbox.
June 13, 2016 - Text message that AOS Packet was received
June 15, 2016 - NOA1 Received I-485, I-131, I-765
June 24, 2016 - NOA2 Biometrics Appointment Letter Received
July 8, 2016 - Biometrics Appointment
July 25, 2016 I-485, I-131, I-765 Cases appeared on USCIS Website.
August 23, 2016 - Text and e-mail confirmation of Approval of I-131 and I-765. "Card has been ordered"

August 29, 2016 - EAD/AP Card received via USPS Priority Mail.

November 21, 2016 - Received text that Interview has been Scheduled for 12/21/16

December 21, 2016 - Interview in San Francisco

December 29, 2016 - AOS Approved, New card being produced.

January 4, 2017 - Card has been mailed.

February 6, 2017 - Card still not received.

March 2, 2017 - I-90 filed with Potomac Service Center due to original card being lost by local post office.

March 21, 2017 - New biometrics performed.

May 10, 2017 - INFOPASS appointment in SF. I-551 Stamp put in passport to show permanent residency I-90 for replacement filed. Stamp valid for 1 year.

December 11, 2017 - I-90 Approved, New replacement card being produced.

December 19, 2017 - Card Delivered :D, Wife picked up from Post Office. 

 

 

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Please know that a fiance is a qualifying relative.

A I-601 waiver for a fiance is no more diffficult than one for a spouse.

Please do not assume you must go the CR1 route to get an approved waiver. I'm living proof. Please see my timeline.

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